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Chapter 42 - Legal aspects of fertility preservation

from Section 10 - Ethical, legal and religious issues with fertility preservation

Published online by Cambridge University Press:  04 February 2011

Jacques Donnez
Affiliation:
Université Catholique de Louvain, Belgium
S. Samuel Kim
Affiliation:
University of Kansas
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Summary

The majority of legal issues related to fertility preservation revolve around decision making of the patient or the patient's guardian: informed consent for both adult and minor patients; and participation in a research protocol or undergoing a more standard medical procedure. Other issues are the future use and disposition of preserved gametes and/or reproductive tissue, including the potential necessity for female patients to utilize the services of a gestational surrogate. The American Society of Clinical Oncology (ASCO) suggests that it is the role of the oncologist to "answer basic questions about whether fertility preservation options decrease the chance of successful cancer treatment, increase the risk of maternal or perinatal complications, or compromise the health of offspring". The important issue to discuss with patients and their family members regarding fertility preservation is the fact that insurance is unlikely to cover not only the treatment but the cryopreservation of gametes as well.
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Publisher: Cambridge University Press
Print publication year: 2011

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